GN 03325.

002 Disclosure of Social Security

Numbers (SSN) Without Consent
A. Policy
In cases in which SSA may disclose SSNs, the requester must provide sufficient information for
SSA to locate the SSN and to determine if the request meets SSAs disclosure criteria.
Because of the sensitivity of the SSN as a unique personal identifier, SSA has established the
following principles that govern decisions to disclose SSNs.

1. When Federal Law Requires SSA to Disclose SSNs

When a Federal law requires SSA to disclose SSNs, regardless of the purpose stated in the law,
SSA will comply with the law and disclose SSNs based on the statutory mandate to disclose.
NOTE: A Federal law that authorizes another government agency to collect and use the SSN is
not the same as a Federal law requiring SSA to disclose the SSN. In order for SSA to disclose the
SSN under this principle, the statute must mandate that SSA disclose SSNs.
Examples of Federal laws requiring SSA to disclose:
5 U.S.C. 8347(m)(3) (Office of Personnel Management (OPM) statute) requires SSA to
provide information, including SSNs, to OPM, upon written request, to administer
Federal employee civil service programs.
8 U.S.C. 1360(c) (Department of Homeland Security (DHS) statute) requires SSA to
disclose identity and location information (including SSNs) to the Department of
Justice, Office of Special Investigations, for the purpose of taking legal action against
suspected Nazi war criminals in the United States.
8 U.S.C. 1360(c) (Department of Homeland Security (DHS) statute) requires SSA to
disclose certain tax return information to DHS about aliens assigned SSNs for non-work
purposes but who have earnings that have been posted to those SSNs.
38 U.S.C. 5106 (Department of Veterans Affairs (DVA statute) requires the head of any
Federal department or agency, including SSA, to provide information, including SSNs,
to the DVA for purposes of determining eligibility for or amount of VA benefits, or
verifying other information with respect thereto.
42 U.S.C. 405(r) (Section 205(r) of the Social Security Act) requires SSA to add death
and fraud indicators when verifying SSNs for employers and State agencies issuing
drivers licenses and identify cards.
NOTE: In implementing this provision of law, SSA will not disclose fraud codes.
Rather, the fraud codes will be used as a verification factor.
42 U.S.C. 404(x)(3)(C) (Section 205(x)(3)(C) of the Act) 50 U.S.C. App. 462 (Military
Selective Service Act (MSSA)) requires SSA to disclose names, SSNs, dates of birth,
and addresses of individuals required to register with the Selective Service System for
the purpose of enforcing selective service registration under the MSSA.
 2. When Federal Law Authorizes Use of the SSN in an Income-Maintenance or
Health-Maintenance Program or Requires SSA to Disclose SSNs

When a Federal law authorizes a Federal, State, or local government agency to collect and use
the SSN to determine eligibility for benefits, benefit amounts, or other matters of benefit status in
an income-maintenance or health-maintenance program that it administers, SSA may disclose the
SSN to that agency.
Examples of Federal laws that authorize use of the SSN in income-maintenance or health-
maintenance program are:
42 U.S.C. 1320b7 (Section 1137 of the Social Security Act (Act) requires the States
to collect the SSN of applicants for certain programs (e.g., Medicaid, food stamps, and
unemployment compensation);
42 U.S.C. 405(c)(2)(C)(i) (Section 205(c)(2)(C)(i) of the Act) provides that States may
require applicants for general public assistance to furnish their SSNs; and
42 U.S.C. 405(c)(2)(C)(iii) (Section 205(c)(2)(C)(iii) of the Act) allows the Secretary of
Agriculture to require participants in the food stamp program to furnish their SSNs and
to use the SSN for other administrative purposes or enforcement of the Food Stamp Act
of 1977.
NOTE: The Federal law must specifically authorize the agencys use of the SSN or authorize or
require SSA to disclose the SSN. Questions concerning whether a Federal law authorizes the use
of the SSN in an income-maintenance program or health-maintenance program should be
referred to the Office of Public Disclosure, Office of the General Counsel, through the Regional
or Central Office Privacy Act Coordinator (see http://co.ba.ssa.gov/
ogc/OPD/html/personnel.htm. for contact information).

3. Disclosure is Allowed Under One or More of the Privacy Acts Disclosure

Exceptions (5 U.S.C. 552a(b))

The Privacy Act (5 U.S.C. 552a(b)) contains 12 exceptions that allow Federal agencies to
disclose information without the written consent of the individual to whom the information
pertains. See GN 03301.020B.4. for a discussion of these disclosure exceptions. SSA applies
the Privacy Act disclosure exceptions to requests for SSNs on a case-by-case basis. The Privacy
Act exception that SSA uses most frequently to disclose SSNs is the routine use exception (see
discussion in GN 03325.002A.4.).

4. Disclosure Under the Privacy Act Routine Use Disclosure Exception

One of the Privacy Acts 12 disclosure exceptions is the routine use exception (5 U.S.C.
552a(b)(3)). The routine use exception allows Federal agencies to disclose SSNs to third parties
without the consent of the individual to whom the information pertains for a purpose that is
compatible with the purpose for which the information was collected.
SSA has established a number of routine uses for the Master Files of Social Security Number
(SSN) Holders and SSN Applications System of records that allow the disclosure of SSNs to
third parties. This system of records and the routine uses can be reviewed on SSAs Internet
website, http://www.socialsecurity.gov/foia/bluebook/60-0058.htm. The most frequent
disclosures of SSNs based on the routine uses are discussed in GN 03325.002D.

5. Disclosure for Law Enforcement Purposes

Disclosure for a law enforcement purpose is one of the Privacy Act disclosure exceptions (5
U.S.C. 552a(b)(7)). SSAs policy concerning disclosure of information for law enforcement
activities is discussed thoroughly in GN 03312.000.
Under SSAs law enforcement disclosure policy, decisions to disclose SSNs are made on a case-
by-case basis for criminal law enforcement activity when a written request is received for
information about:
an individual who has been indicted for or convicted of a serious crime (e.g., murder,
rape, kidnapping, drug trafficking); or
criminal activity involving the Social Security program or another program with the same
purposes.
The law enforcement agencies seeking an SSN must provide SSA with sufficient information in
writing demonstrating how the SSN is relevant to the criminal activity being pursued.
Also, a law enforcement request for an SSN must meet all of SSAs criteria for disclosing
information for law enforcement purposes (see GN 03312.000 for specific criteria for law
enforcement requests).

B. Policy - Criteria For Disclosing SSNs

1. Identifying Information Required

A requester of an SSN must provide SSA with the name, date of birth, and at least one of the
following pieces of identifying information to assist SSA in determining that the SSN being
sought has been assigned to the person in question:
place of birth,
mothers maiden name, or
fathers name.
EXCEPTION: In some cases in which a requester is able to provide only a name and date of
birth, if SSAs disclosure criteria are met, the SSN may be disclosed if a single record is located
based on an exact match of the name and date of birth provided to SSA.

2. Justification for Disclosure

The requester must provide SSA with sufficient information to determine that the request meets
SSA disclosure criteria.

C. Policy-Disclosure Of SSNs Of Deceased Individuals

See GN 03325.002D.3., GN 03315.010A.2., and GN 03315.010B.4.
 D. Policy-Pre-Approved Disclosures Of SSNs
The following are the most common SSN disclosures allowed under SSA disclosure policy. The
listings are not intended to be all inclusive. Other disclosures may be authorized under a routine
use listed in the notice of the Privacy Act system of records, Master Files of Social Security
Number (SSN) Holders and SSN Applications System.This notice can be viewed on SSAs
webpage at http://www.socialsecurity.gov/foia/bluebook/60-0058.htm.

1. Disclosure of SSNs to Federal Agencies

The chart below identifies the most common disclosures of SSNs to Federal agencies. The
REFERENCES column identifies cross-references that contains additional discussion relevant
to the purpose of a disclosure discussed in the chart. Unless otherwise noted in the chart, the
component receiving a request may disclose SSNs for the purpose stated.
NOTE:See GN 03325.000 for the procedure to follow when handling requests for SSNs.

AGENCY OR
ENTITY PURPOSE OF DISCLOSURE REFERENCES

Court order The Commissioner is a party to GN 03330.000

the proceedings;
Disclosure is specifically
permitted by Regulation No. 1
(20 C.F.R. Part 401) as stated in
any POMS subchapter in GN 033;
or
For due process in a criminal
proceeding.
EXAMPLE:A defendant in a
criminal proceeding needs
information from SSA records,
other than his/her own, that is
alleged to be essential to his/her
defense.
Regional offices and field offices should
follow regional procedures when
handling court orders. Central office
components should discuss these cases
with OPD, OGC.

Department of Pursuant to a written request to identify GN 03312.015A.3 and

Homeland Security and locate aliens in the United States. GN 03313.095
(DHS), U.S. NOTE: SSA does not have the legal
Citizenship and authority to disclose information about
 AGENCY OR
ENTITY PURPOSE OF DISCLOSURE REFERENCES

Immigration Services U.S. citizens to DHS. If DHS requests

(USCIS) information and SSA determines that the
information pertains to both U.S. citizens
and aliens, only information about the
aliens can be disclosed.

Department of To investigate and prosecute violations of GN 03312.015A.

Justice (DOJ) the Social Security Act (Act).

DOJ Pursuant to a written request for the GN 03312.001B. and GN

purpose of detecting, investigating, and, 03313.070A.6.
when appropriate, taking legal action
against suspected Nazi war criminals in
the United States.

Department of For tax administration as defined in GN 03313.060 and GN

Treasury (DOT), section 6103 of the Internal Revenue 03312.045.
Internal Revenue Code (IRC) (26 U.S.C. 6103).
Service (IRS)

DOT, IRS Disclosure of the SSNs of parents for GN 03313.060

children under age 18 to administer
sections of the IRC which grant tax
benefits based on support or residence of
children.

Department of To determine eligibility for VA benefits GN 03313.045

Veterans Affairs or verifying other information with
(DVA) respect thereto.

Federal agencies To determine benefit eligibility, benefit GN 03325.002A., items 1.

with Federal amounts, or other matters concerning and 2.
statutory authority to benefit status in income-maintenance or
collect and use the health-maintenance programs.
SSN in income-
maintenance or
health-maintenance
programs

Federal law To investigate or prosecute abuse of GN 03312.001, GN

enforcement social security programs, including 03312.005, GN
03312.015 and GN
 AGENCY OR
ENTITY PURPOSE OF DISCLOSURE REFERENCES

agencies misuse of the SSN, or other income- 03312.025, GN

maintenance or health-maintenance 03312.030, GN
programs. In such cases, SSA will release 03312.040, and GN
information to the requesting Federal law 03325.002A., items 2. and
enforcement agency; 5.
for criminal law enforcement purposes
when the individual in question has been
indicted for or convicted of a violent
crime; or
in a threat to national security or a life-
threatening situation such as an act of
terrorism, kidnapping or holding of
hostages.

Office of Personnel To administer OPMs pension program GN 03313.050

Management (OPM) for retired Federal Civil Service
employees.

Railroad Retirement To administer provisions of the Railroad GN 03313.055

Board (RRB) Retirement and Social Security Acts
relating to railroad employment; to
administer the Railroad Unemployment
Insurance Act.

Selective Service To enforce draft registration concerning GN 03313.075

System (SSS) young men required to register with the
SSS.

2. Disclosure of SSNs to State or Local Agencies

The chart below identifies the most common disclosures of SSNs to State and local agencies.
The REFERENCES column identifies cross-references that contain additional discussion
relevant to the purpose of a disclosure discussed in the chart. Unless otherwise noted in the chart,
the component receiving a request may disclose SSNs for the purpose stated.
NOTE: See GN 03325.001D for the procedure to follow when handling requests for SSNs.

AGENCY PURPOSE REFERENCES

State or local To determine benefit eligibility, benefit GN 03314.001D., GN

income- amounts, or other matters concerning benefit 03314.005A., and
 AGENCY PURPOSE REFERENCES

maintenance or status in income-maintenance or health- 03325.002A.2.

health- maintenance programs when these agencies
maintenance have authority under Federal law to collect
agencies and use the SSN in such programs.
EXAMPLE: The following programs listed
in section 1137 of the Social Security Act (42
U.S.C. 13207b):
Temporary Assistance for Needy
Families,
Medicaid,
Unemployment compensation
Food stamps; and
State adult assistance programs
(Social Security titles I, X, XIV, and
XVI, which apply to Puerto Rico, the
Virgin Islands, Guam and American
Samoa).

State Bureau of For use as a primary identifier in GN 03325.002A.2.

Vital Statistics administering public health and income
(BVS) Agencies maintenance programs and in statistical
research and evaluation projects such as:
Establishing public immunization
registries,
Ensuring complete birth record
registration by matching vital records
with neonatal test results,
Conducting studies of factors
contributing to infant mortality by
linking birth and death records, and
Evaluating the efficacy of
intervention programs such as
Women, Infants and Children (WIC)
nutrition programs, Healthy Start,
or other health maintenance
programs.
NOTE: The disclosure of SSNs is limited to
the SSNs of newborns issued via SSAs
Enumeration at Birth (EAB) program.

State Law To investigate or prosecute abuse of social GN 03312.001, GN

 AGENCY PURPOSE REFERENCES

Enforcement security programs, including misuse of the 03312.005., GN

agencies SSN, or other income or health maintenance 03312.010A.2., GN
programs. In such cases, SSA will release 03312.020, GN
information to the requesting State or local 03312.030, GN
law enforcement agency; 03312.035, GN
for criminal law enforcement purposes when 03325.003A., and GN
the individual in question has been indicted 03325.002A.5.
or convicted of a violent crime; or
in a threat to national security or a life-
threatening situation such as an act of
terrorism, kidnapping or holding of hostages
(see GN 03312.050B. for handling these
requests).

3. Disclosure of SSNs to Entities Other Than Federal, State, or Local Agencies

The chart below identifies the most common disclosures of SSNs to non-governmental entities.
The REFERENCES column identifies cross-references that contain additional discussion
relevant to the purpose of a disclosure discussed in the chart. Unless otherwise noted in the chart,
the component receiving a request may disclose SSNs for the purpose stated.
NOTE: See GN 03325.001D. for the procedure to follow when handling requests for SSNs.

THIRD
PARTY PURPOSE REFERENCES

Employers To report FICA taxes GN 03316.080 and GN 03325.002.A.4.

and State or local Social NOTE: Encourage employers to submit requests for
Security taxes for SSN verifications electronically. You may refer
employees under them to SSAs Internal webpage
Section 218 of the http://www.ssa.gov/employer/evs2002.doc. for
Social Security Act, and instructions on how they may submit requests
To correct earnings electronically.
records

Foreign To administer the social GN 03316.090

countries that security program of
are parties to country that is a party to
totalization the totalization
agreements agreement.

General For any purpose when GN 03316.095, GN 03315.010

 THIRD
PARTY PURPOSE REFERENCES

public SSA records indicate

(records that the number holder
about (NH) is deceased, or a
deceased requester provides SSA
persons) with acceptable proof of
death of the NH. See
GN 03315.010A.2.b.
and GN 03315.010B.3.
for instructions for
handling requests for
information about
deceased individuals
that may affect the
privacy of a living
individual.
REMINDER: Death
information SSA
receives from the States
can not be used to make
a decision concerning
disclosure. For example,
if the Numident contains
the legend, This record
contains State death
data, or words to that
effect, no information
may be disclosed about
the NH based solely on
that State death data. See
GN 03315.010.

Parent or When acting on behalf GN 03340.015, GN 03340.025, GN 03340.030,

legal of the minor or and GN 03340.035
guardian of a incompetent person.
person
judicially
determined to
legally
incompetent)

4. Disclosure of SSNs Pursuant to Court Orders

An SSN may be disclosed in response to a court order under the following circumstances:
The Commissioner is a party to the proceedings,
Disclosure is specifically permitted by Regulation No. 1 (20 C.F.R. Part 401) as stated in
any subchapter in POMS Chapter GN 033, or
The information is necessary for due process in a criminal proceeding.
Due process cases can be complex because a disclosure may affect the privacy rights of
someone other than the defendant. Thus, regional and field offices should consult with
the Regional Chief Counsel on these cases; central office components should consult
with the Office of Public Disclosure, Office of the General Counsel (see
http://co.ba.ssa.gov/ogc/OPD/html/personnel.htm. for contact information).
NOTE: A protective order should be sought from the court even if an order meets the
criteria stated in this section.
EXAMPLE: A defendant in a criminal proceeding needs information from SSA
records, other than his/her own, that is alleged to be essential to his/her defense.
Disclosure may be made under the circumstances discussed above.

5. Disclosure of SSN Pursuant to Subpoenas

The disclosure of an SSN pursuant to a subpoena is permitted only under the following
circumstances:
The subpoena meets SSAs regulatory requirements for disclosure under pursuant to a
court order (see GN 03330.000 for procedures for handling court orders). Also
http://www.socialsecurity.gov/OP_ Home/cfr20/401/401-0180.htm for SSAs
regulatory requirements for disclosure under a court order.
The disclosure is permitted under the instructions in another section of GN 033.
Disclosure is required under the Freedom of Information Act.